Tenantcheck Insights · Case study
Tenancy Tribunal case 5380401 — Property damage at 5B Alta Terrace, Flat Bush, Auckland 2019
Published 30 January 2026 · Application 5380401
Landlord favoured
- Property damage
- Cleanliness
At a glance
Key facts from the published tribunal order.
Outcome
Landlord favoured
From published order
Location
Auckland
Tribunal region
Adjudicator
N Bradley
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $4,297.01
- Total balance for Tenant to pay Landlord
- $4,297.01
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Previous order application 5315308 dated 12/09/2025 | $1,011.86 | Previous order application 5315308 dated 12/09/2025 | |
| Replace 3 doors | $651.03 | Replace 3 doors | |
| Replace damaged carpet | $993.00 | Replace damaged carpet | |
| Repairs: Wall damage | $272.99 | Repairs: Wall damage | |
| Repairs: Bathroom mirror and cabinet | $342.27 | Repairs: Bathroom mirror and cabinet | |
| Repairs: Missing Towel rail | $49.97 | Repairs: Missing Towel rail | |
| Window repairs: x 2 | $484.16 | Window repairs: x 2 | |
| Replace rangehood filter | $26.38 | Replace rangehood filter | |
| Cleaning | $465.35 | Cleaning | |
| Net award | $4,297.01 | ||
| Total payable by Tenant to Landlord | $4,297.01 |
Claims and awards for application 5380401 — net $4,297.01 NZD. Verify on MoJ.
Previous order application 5315308 dated 12/09/2025
- Amount
- $1,011.86
- Awarded to
- Landlord
- Reason
- Previous order application 5315308 dated 12/09/2025
Replace 3 doors
- Amount
- $651.03
- Awarded to
- Landlord
- Reason
- Replace 3 doors
Replace damaged carpet
- Amount
- $993.00
- Awarded to
- Landlord
- Reason
- Replace damaged carpet
Repairs: Wall damage
- Amount
- $272.99
- Awarded to
- Landlord
- Reason
- Repairs: Wall damage
Repairs: Bathroom mirror and cabinet
- Amount
- $342.27
- Awarded to
- Landlord
- Reason
- Repairs: Bathroom mirror and cabinet
Repairs: Missing Towel rail
- Amount
- $49.97
- Awarded to
- Landlord
- Reason
- Repairs: Missing Towel rail
Window repairs: x 2
- Amount
- $484.16
- Awarded to
- Landlord
- Reason
- Window repairs: x 2
Replace rangehood filter
- Amount
- $26.38
- Awarded to
- Landlord
- Reason
- Replace rangehood filter
Cleaning
- Amount
- $465.35
- Awarded to
- Landlord
- Reason
- Cleaning
Net award
Landlord $4,297.01
Total payable by Tenant to Landlord
Landlord $4,297.01
Claim types — money lines allowed on this order
Order
- Bossy Joseph Fairfax Phalyz Waha-Rai must pay Kāinga Ora–Homes And Communities $4,297.01 immediately, calculated as shown in table below.
- This order incorporates the Tribunal order made on 12/9/25 under application 5315308.
Reasons
- The landlord attended the phone hearing.
- The tenant did not attend the hearing. The tenant was phoned on the phone number provided but the phone call went directly to voice mail.
- The landlord has applied for compensation following the end of the tenancy. Service
- The file indicates that the tenant was served by e-mail and SMS. Neither that email address nor phone number were given in the agreement as service addresses. Service has not been completed in accordance with s.91A RTA.
- Like the adjudicator that made the termination order with respect to this tenancy on 12 September 2025 I have decided to dispense with further service and proceeded with this hearing 1 because: a. at the previous hearing in relation to this tenancy the landlord’s records showed that the e-mail address at which the tenant was served has been used by him to communicate with the landlord within the 6 weeks prior to that hearing, b. the tenant appears to have vacated the premises on being served the Tribunal order terminating the tenancy, which was emailed to him (and not posted), therefore I am confident that service to that email address would have ensured the tenant had notice of this claim, c. the tenant did not provide any new physical address for service. Relevant legal considerations
- The relevant law that applies is found in the Residential Tenancies Act 1986 (RTA).
- With any claim before the Tenancy Tribunal, the Tribunal applies the usual civil law standards and expectations That includes a requirement that the applicant, establish their claims on the balance of probabilities. The balance of probabilities means more likely than un-likely, or in mathematical terms, has a fractionally more than 50% likelihood.
- The Tribunal does not need to be certain or very sure about any claim, only that what is claimed is likely. This obligation carried by the applicant is referred to as the “burden of proof”. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden. The Law – tenant’s obligations at the end of the tenancy
- At the end of the tenancy the tenant must remove all his or her goods from the premises, leave the premises (including the land provided with the premises) 1 See s 91B RTA reasonably clean and tidy, remove all rubbish, return all keys and security devices and leave all chattels provided for their benefit. 2 The Law - Tenants responsibility for damage
- A tenant must not intentionally or carelessly cause damage or permit any other person to damage the premises. 3
- Where a landlord is claiming compensation for damage a landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage.
- Tenants are liable for the actions of people at the premises with their permission. 4
- Where the damage is caused carelessly, and is covered by the landlord's insurance, the tenant's liability is limited to the lesser of the insurance excess or four weeks' rent (or four weeks' market rent in the case of a tenant paying income-related rent). 5
- Where the damage is careless and is not covered by the landlord's insurance, the tenant's liability is limited to four weeks' rent (or market rent). 6 Where insurance money is irrecoverable because of the tenant's conduct, the property is treated as if it is not insured against the damage. 7
- Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. 8
- Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. 9
- In assessing a claim for compensation, I must take into account betterment and depreciation. The landlord should be returned to the position they would have been in had the tenant not breached their obligations and should not be better or worse off. In calculating depreciation, I must take into account the age and condition of the items at the start of the tenancy and their likely useful lifespan. 2 See section 40(1)(e) of the RTA. 3 See s 40 (2)(a) of the RTA. 4 See sections 40(2)(a), 41 and 49B RTA. 5 See section 49B(3)(a) RTA. 6 See section 49B(3)(b) RTA. 7 See section 49B(3A)(a) RTA. 8 See section 49B(1) RTA. 9 See Guo v Korck [2019] NZHC 1541. THE LANDLORD’S CLAIMS Cleaning
- The tenant did not leave the premises reasonably clean and tidy. The premises required a full clean. The amount ordered for cleaning is proved with pre- tenancy and post-tenancy photographs and an invoice and statement of final account. Damage claims
- The following damage was caused during the tenancy: a. Doors were removed or damaged, b. Walls were damaged with holes, c. The carpet was stained in several rooms, d. The bathroom mirror and cabinet were damaged, e. The bathroom towel rail was removed, f. Two windows were broken and had to be reglazed, g. The rangehood filter was removed.
- The damage is more than fair wear and tear, and the tenant has not disproved liability for the damage. The amounts ordered are proved with pre-tenancy and post-tenancy photographs and an invoice and statement of final account.
- The landlord’s claims in respect of the hallway carpet and the oven, included in the application form, were withdrawn. Previous order
- On 12 September 2025 the Tribunal made an order relating to this tenancy, for rent arrears to 16 September 2025 and termination of the tenancy. The previous order is incorporated into this order for enforcement purposes. Filing Fee / suppression
- The landlord did not seek the filing fee.
- No application for name suppression was made.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s19, s40, s40(1), s40(2), s49B(1), s49B(3), s49B(3A), s6, s91B
Key findings
- Dispute theme: property damage
- Dispute theme: cleaning
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was the outcome of Tenancy Tribunal case 5380401?
The tribunal order states: Bossy Joseph Fairfax Phalyz Waha-Rai must pay Kāinga Ora–Homes And
How much money was awarded in case 5380401?
Cleaning: $465.35 awarded to landlord; Previous Order Application 5315308 D…: $1,011.86 awarded to landlord; Property Damage: $993.00 awarded to landlord; Bathroom Mirror And Cabinet: $342.27 awarded to landlord; Missing Towel Rail: $49.97 awarded to landlord; Property Damage: $272.99 awarded to landlord; Replace 3 Doors: $651.03 awarded to landlord; Replace Rangehood Filter: $26.38 awarded to landlord; Property Damage: $484.16 awarded to landlord
What type of tenancy dispute was case 5380401?
The primary dispute was Property damage. Related themes: Cleanliness.
Where can I read the official tribunal order for case 5380401?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13049391-Tenancy_Tribunal_Order.pdf.